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STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
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REPUBLlC'.O]f, SOU;TH. AFRICA
GOVERNMENT 'GAZETTE
As 'n Nuusbl~1.'by 'd{e Poskaf1:too~ Geregi~treer
Regis~~red
at the Pr'st Office as a Newspaper
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Oorsee '30c Overseas '
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VoL. 153]
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:_· . KAAPSTAD, 10 MAART
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1~78
[No. 5907
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DEPARTEMENTVANDIE EERSTE MINISTER: ·.;'·
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No. 438.
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DEPARTMENT OF THE PRIME MINISTER
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No. 438.: · •
10 March 1978.
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Hierby word bekend .gemaak ·dat die Staatspresiderit sy
It is hereby notified that the State President has assented to
goedkeuring geheg bet aan die onderstaande Wet wat hierby the following Act which is hereby published for general
ter algemene inligting gepubliseer word:.....:.. :
· · , . information:__
No. 9 van 1978:
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Suikerwet. 1978. · .
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No. 9'~f 1978: . Sugar Act. 1978.
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GOVERNMENT GAZETIE; 10 MARCH 1978
No. S907
SUGAR ACT; 1978. ·
Act No~ 9, 1978 ; .
ACT
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T~ roWiolldate and ame~d· the laws·:.relatlng to tite ':sugar:
.. industry; and to provide for~matters l~cide_n~ thereto •. .
· · .>. (Engli;h text'signeiby the State Pr~~ide~t.)
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(Assented to 3 March 1978.) · ·
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BE IT..ENAcTED .by the . State President, the Senate and the,
.· , • House.of Assembly of.the·Republic of South Africa, as ~
follows:-··. · .. . ·,· . · ·r, .•. ~
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·1. In this Ac~· unless the context otherivise indicate~· "::' . ::I>elinitions.
S :. : .. (i) "Agreement" means . the . Sugar Industry Agreement : ·
:,. · · referred toin section 4; (ix) . ,· ... ; ... . .· . .. ,., ..',
· (ii) "Association" means the South African Sugar' A'ssoci-.
ation incorporated in terms of section 2; (xiv) · ··· - ·
, . (iii) . "designated agricultural product~', means an agricultural
10 ·· , •.. product designated in terms of section4(2) (a); (i)
, (iv) "grower" means a person who produces sugar cane or
. .· any.designated ·agricultural product; (v) , . . . ·
(v) ~'industrial price",: in .'rela~on to 'any sugar-industry
. product, means .the price at which that product is sold by
IS
. an>:'. miller ~r refi11er'Jor;consuinptfo11: iii th(~epublic; ·
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• (vi) ~'miller'.' means a person who manufactures sugar from
' . . sugar cane or any'_designated agricultural product; (vi)
_.'· ( ~ii) ,"~inister' ~ . means ·the Minister:of .l~coitomic Affairs;
. (vu)
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•(viii) "production'.'; . When ; used "iri ·re}ation:·:to 1 the WOrds
:. . .. "sugarindustry' prOduct'', includes .thej>lantiilg, grow.·
,' . iilg, harvesting, transportatiop, milling, manufacture and
. ·. refining of such a product; (x) :.· .·· . . .. . .
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· (ix) ·"refined sugar" means ,refined· sugar as defined in
. ,; . ... Schedule. l, including any amendment or substitution of
. .. . . that defiilition in terms of section 9;· (ii) , . .. . , ·· ·
_:·.· . (x)',~'refiiler',: means , a person who ;m~ufac~s refined
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sugar; (xt)
.. . (xi) '.'speciality sugar~~ rnearis speciality. s·ugar' as defined in
· . ; . . Schedule 2, including any .amendment or substitution of
:· . ·;. that definition hi terms .of, section 9; (xii) ..·, . , . ·~ _,.., .. .
.. (xii) "sugar industry product'' means sugar cane, sugar or
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. any' designated .agricultural product, . or any .product or
.by-product derived directly from the processing of sugar
cane, a designated agricultural product'oi.'the juice of
sugar' cane ' or of a .designated . agricultural' product, or
. -. . ..'·any pi:oduct or' by-prQduct derived directly from the
. .. 'manufacture or. refining Of sugar, but does not include
. anything ,derived from the reprocessing, of . any such
· pfoduct or by-product;-(xiii) •. - . , : ,... ·. ·.-·
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,(xiii) "this Act" includes the ·Agreenient, a notice issued in
. :. .. · terms of section 6 and any regulation· made in terms of
~--- . . ·. section 10; (iii) .. r . · - ; • . . • • - • ,• • ' •
· (xiv) .,"year':. means a year:as defined'iri the Agreement. (iv) ·
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GOVERNMENT GAZETTE, 10 MARCH 1978
SUGAR ACI', 1978.
No. 5907
Act No. 9, 1978
2. · (1) The Association known as the South African Sugar Incorpora~on of
Association shall under that name, with. effect from the date of ~outh ~fnc~ . ·
commencement of this Act, be a juristic person with a constitution ugar ssoclation.
of which the terms ·shall be published by the Minister by notice in
.5 the Gazette.· .
(2) The Minister shall in like manner publish any amendment of
the said constitution.
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(3) The Registrar of Companies shall as soon:as· possible after
the commencement of this Act enter the name of the Association
10 in the ~gister kept by him of bodies incorporated by Statute.
3. (1) Any asset, · liability, right or obligation of the South ~~~f~r of.assets,
African Sugar Association immediately prior to the· commence- hablhtl~s, r;tghts
· 1ud"mg any asset reg1stere
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·d m
· the name o f , and obligations.
ment· o f th"1s Act, me
any right vested in,. and any ·liability or obligation binding upon,
15 any trustee of the said Association. shall, as from such
commencement, vest in or, as the case may be, be binding upon
the said Association as inco.qx)rated.
· (2) The Registrar of Deeds in whose office any deed or other
document relating to any asset, liability, right or obligation
20 contemplated in subsection. (1) is registered immediately prior to
the commencement of this Act,· shall; after such commencement,
upon receipt ·of an application by any person on . behalf of the
Association and the production to him by such person of the
documents and the information required by him,·· make such
25 endorsements on the said deed or other document and such entries
in his register as may be necessary to give effect to the provisions
of subsection (1), and no transfer duty, stamp duty, registration
fee or charge or ·other duty, fee or charge shall .be payable in
respect of any such endorsement or any 'such entry. ·
4. (I) ·(a) The Minister shall after consultation with the Sugar Industry
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Association determine the terms of an agreement to be Agreement
·known as the Sugar Industry Agreement, which shall
provide for, and deal with, such matters relating to the
sugar industry as are, in the opinion of the Minister, in
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the interests ofthat industry but riot detrimental to the
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public interest.
(b)
(i) The Minister may at the instance of, or after
consultation with, the Association, amend the
Agreement if .the Minister is satisfied that such
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amendment is in the interests of the sugar industry
and not detrimental to the public interest
(ii) Unless. the Association requests otherwise,· an·
amendment may be made with retrospective effect
to a date not earlier than the date of commencement
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of the year during which . the amendment is
published under paragraph (c).
(c) The Minister shall publish . the Agreement and any
amendment thereof by notice in the Gazette, whereupon
the Agreement or such amendment shall become binding
upon every grower, miller and refiner.
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(2) Without derogating from the generality ofsubsection (1)
(a), the matters with reference to which the Minister may provide
for, and deal with, in the Agreement, shall i.ilclude. (a). the designation of any agricultural product from which it
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is or becomes possible to manufacture sugar as a
product which is subject to the Agreement;
(b)
(i) the regul!ttion and · control of the production,
marketing and exportation of sugar industry pro. ducts;
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(ii) the prohibition of the .production; marketing and
exportation of sugar industry products;
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(c) the confiscation or destruction, which may be with or
without compensation, and the sale or. other disposal,
which may be for the benefit of, the AssoCiation or not,
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of any sugar industry product incireumstances in which
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No. .5907
GOVERNMENT GAZETI'E, 10 MARCH 1978
7
Act No. 9, 1978'
SUGAR ACT, 1978. . ·
the production of that product, or the. marketing or other.
disposal or the exportation thereof, has been effected or
attempted in 'contravention of .the Agreement or any
notice published under section 6 or any regulation made
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.under section 10; · , ··: ·:. , .. ·: · · .... .
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(d) a formula for determining the price to' be paid by'rnillers ·
to growers for sugar cane or any designated agricultural
product,· which may include any factor related to.the sale
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or other disposal of ariy sugar industry product; · · · _. '
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(e) ·the functions· to be performed by the Association in the .
· execution of the Agreement; : · · ··· .
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(f) the establishment and· constitution 'of a b<iaro to carry
out the terms of the Agreement, and the functions to be
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performed by itthereimder; · ·'
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(g) the imposition of levies 'upon growerS,
and
' · refiners for the purpose of giving effect· to the terms of
·· ·the Agreement and for· the· purpose ··of enabling the
Association to fulfil any obligation incurred. by it in
· · accordance with its constitution. · ·· ' · · ~ · · · · '
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20 . (3) 111e Minister may, after consultation with'the_Association,
in the Agreement· or in -any ·subsequent' notice in the Gazette,
declare any contravention of, or failure to comply v,:ith, any term of
the Agreement, an offerice;' and may iif like ·manner prescribe
'· penalties for·anysuch.'contiavent~onor failure. ..
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5. Unless the Agreement expressly provides to· the-'contrary in Equality of
respect of any particular growers, millers or refiners, . or eany treatment of
particular 'class or ~ category of growerS; millers or refiners, any ~wefi~e~llers
right coilferred, or any obligation imposed, upon growers, millers an re
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or refiners under the Agreement, shalt: be construed •as applying
30 equally and without distinction to all growers,· millerS ·and refiners, •
respectively~ · .·• • · . "_ . · .:. ~~- ,. ·~· . .;,-:. ·.. ··, :; · ·· . ··;.;
6 • . (1) (a) .The Minister may, after. consultation with the P~wers of Minister
.. . : . Association; by notice in.'the Gazette prescribe the·w'.threg~to , ..
maximum industrial price at which any sugar industry. ~~~~~e
product, other.than speciality sugar, may. be sold. ·
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(b) Such . price. may , vary ~ in ,respect ·of different :grades, :
f :_
kinds, quantities and qualities of the product concerned,
and in respect of different places or areas.. , .,
(2) The Minister may at the request of, or after consultation
40 with, the Association by notice in the Gazette or by written riotice
to the person concerned(a) impose a surcharge upon any sugar or molasses
purchased or otherwise acquired-=-,-.·
(i) by any . person or class or category ·of persons
described in the notice;
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· (ii) for any purpose described in the notice; and
(b) prescribe the manner _
in which such surcharge shall be
collected, the persons by whom it shall be' paid, the
persons to whom or the fund to which it shall be paid
and the purp(>se for which it shall be utilized. ·:· '
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. (3) The Minister may in the case of a notice referred· to in .
subsection (1) or (2), at the request of,. or after consultation with,
•the Association, revoke or amend 'the notice · by notice in the -'
Gazette or by written notice to the person concerned.
55 (4) The Minister may, after consultation with the Association,
in a notice referred to in subsection (1) or (2), or in any
subsequent notice, declare any contravention of, or failure to
comply with, any provision of a notice so referred to, an offence,
and may in like manner prescribe · penalties· for any such
60 contravention or failure.
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. 7. Any penalty which m~y ~- prescribed for any c~ntravention Penalties.
of~ or""failute to 'comPlY With~ any_
·te~ •_of the 'Agreement, or _Of ' -. ! •· ' . . '
any provision of a notice issued under section 6, or of any'
·regulation made under section 10, shall not exceed tWo thousand
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GOVERNMENT GAZEITE, 10 MARCH 1978
SUGAR Acr, 1978.
No. 5907
9
Act No. 9, 1978
rand, in the case of a fine, .or a period of twelve months, in the
case of imprisonment, or both such fine and such imprisonment.
8. A magistrate's court shall have jurisdiction to impose any
penalty prescribed in terms of this Act. .
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Jur¥iction of
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magistrate's court.
9. The Minister may at the request of the Association," and if he Mini~ter may effect
is satisfied that it would be in the interests of the sugar industry ~e~~endments
and not detrimental to the public interest, by notice in the Gazette 0 c u es.
amend any definition contained in Schedule 1 or 2, or substitute
any other definition for any such definition.
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10. The Minister may, after consultation with the Association,
make regulations providing for- .
(a) the regulation, control or prohibition of the production,
marketing or exportation of sugar or sugar industry
products;
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(b) the better achievement of the objects and the better
. administration of the provisions of this Act and of the
Agreement or any amendment thereof.
Regulations.
11. (1) The Sugar Act, 1936 (Act No. 28 of 1936), the Sugar Re~als and
Amendment.Act, · 1955(Act No. 17 of 1955). and the Sugar savmgs.
20 Amendment Act, 1958 (Act No. 26 of 1958), are hereby repealed.
(2) The Sugar Industry Agreement of 1943 is hereby rescinded. ·
(3) Any determination made, or any decision or action taken, by
any person, body or authority under any Act repealed in terms of.
subsection (1), and any agreement and any determination or regula25 tion published under any such Act, shall, except in so far as it is
inconsistent with any provision of this Act, continue to be of force
until it is rescinded or varied under this Act.
the
12. (1) This Act shall be called
Sugar Act, 1978, and shall
. come into operation on a date to be fixed by the State President by
30 proclamation in the Gazette.
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(2) Different dates may be fixed under subsection (1) in respect
of different provisions of this Act
Short title and
commencement.
Schedule 1
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Definition of Refined Sugar
"Refined sugar" means sugar which complies substantially with the following specifications:
Polarization, not less than 99,CJ' S;
Conductivity Ash (5° Bx solution), not greater than 0,03%:
ICUMSA Colour, not more than 125 (solution is not filtered nor de-aerated but left to stand for one hour
prior to colour measurement).
Schedule 2
Definition of Speciality Sugar
"Speciality sugar" means any of the following products, namely:
Cube, superfine dessen, icing, castor, white crystal, coloured crystal, coffee crystal, extra fine, micro fine,
superfine baking, confectioners, sanding, canners, caramel brown, soft brown, treacle, demarara. candy,
invert sugar, golden syrup, treacle syrup,
the production of which involves processing costs other than the nonnal milling and refining costs.